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HomeMy WebLinkAboutResolution 47-82 ' RESOLUTION NO. 47-82 RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO FIXING RATES OF CATV INSTALLATION AND SERVICE CHARGES AND ADOPTING A LINE EXTENSION POLICY TO PROVIDE CATV SERVICE OUTSIDE CURRENT FRANCHISE BOUNDARIES WHEREAS, Falcon Cable T.V. of Northern California is the Grantee and holder of a CATV franchise in certain areas of the City of Atascadero; and ' WHEREAS, Grantee ' s franchise and City Code Section 6 . 48 . 040 requires the City Council to approve CATV subscriber rates by resolution; and WHEREAS, it is beneficial to establish a means of providing CATV service to certain areas outside the current franchise area; ' NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Atascadero, as follows: 1. Definitions. For the purpose of this Resolution, the following words shall mean: ' a. Distribution Line - The CATV cable, conduit, transmission, or broadcast path or method used to distribute the CATV signal or service to individual, subscriber service drops. ' b. Service Drop - The CATV cable, conduit, transmission or broadcast path or method that conveys the CATV signal or service from a Distribution Line to the place or device whereby a subscriber receives or utilizes the CATV Signal or service. ' c. Subscriber - A person or entity using CATV services pro- vided by Grantee pursuant to Grantee ' s CATV franchise and this Resolution. ' 2 . Charges. The rates charged by Falcon Cable T.V. of Northern California to its subscribers.__in the franchise area shall be in accordance with the following schedule. ' a. Monthly Service Charges Rate ' Residential: Primary outlet $8 . 50 Additional outlet (each) 2 . 00 • • Hotels, Motels, Multiple Apartments , Commercial or Ten or More Outlets Television 1-15 outlets 4. 10 per outlet per month 16-30 outlets 3. 80 per outlet per month 31-100 outlets 3. 45 per outlet per month FM Radio With TV service 1. 20 per outlet ' per month Without TV service 1-15 outlets 4. 10 per outlet per month ' 16-30 outlets 3. 80 per outlet per month 31-100 outlets 3. 45 per outlet per month b. Installation Charges Charges for the installation of service within the areas of Grantee's franchise shall be as follows: Persons having CATV service installed in structures that are within the standard distance of a Distribution Line shall be chages as follows: New Installation 25. 00 Reconnect 10. 00 Additional Outlet 15. 00 ' Relocate Outlet 12 . 50 Disconnect No Charge Hotels, Motels, Multiple Apartments , Commercial or Ten or More Outlets: Primary television outlet, normal installation: A charge for time ' actually expended, not to exceed $7. 30 per unit plus materials Additional outlets: A charge for time actually expended, not to exceed 7 . 30 per unit plus material ' Relocation of existing outlet: A charge for time actually expended, not to exceed 7 . 30 per unit plus material Relocation of existing outlet: A charge for time actually expended, not to exceed 6 . 30 per unit plus material Disconnection of Service No Charge The standard distance for an aerial service drop is 200 feet or less. The standard distance for an underground service drop is 150 feet or less . Installations requiring a service drop in excess of the standard distance may be charged an additional amount for installation but in no event shall the installation charge exceed the cost to Grantee for labor and materials for such installation. c. Charges for Extension of Distribution Line Outside Existing Franchise Area ' When requested by potential subscribers located outside the existing franchise boundaries and when supported by a favorable marketing survey, Grantee shall request Council authorize ex- tension of the franchise area to serve portions of the City out- side the present franchise area. Council may conditionally approve the franchise extension subject to providing CATV to the area within the time limits set forth in the conditional approval. Upon providing the City with evidence that the Grantee has provided service in the extended franchise area Council ' will modify the existing franchise boundaries to include newly established service area. 3. This Resolution supersedes any previous rate structures in conflict herewith. 4 . This Resolution shall be effective when the City is in receipt of a written instrument executed by Falcon Cable TV of Northern California agreeing to comply with the provisions of this Resolution and upon the first billing period thereafter. On motion by Councilman Molina and seconded by Councilman Wilkins the foregoing Resolution is hereby adopted in its entirety on the following vote: ' AYES: Councilmen Mackey, Molina, Stover, Wilkins and Mayor Nelson NOES: None ADOPTED: September 27, 1982 r r 1 r ' ROLFE N LSON, Mayor ATTEST: r rBARBARA NORRIS, City Clerk APPROVED AS TO ORM: r ALLEN GRIMES, City Attorney ENT:r APPROVED AS TO CONT, MUR Y L. WARDEN, City Manager r 1 r 1 r r r r EXHIBIT A Distribution Line Extention Policy Grantee shall extend a Distribution Line as defined in the . Resolution establishing CATV Rates whenever Council conditionally approves the extension of the CATV franchise boundaries in accor- dance with the following formula: Distribution Line Extension Formula ( A _ B ) P1 ( N 42 ) ( A _ B ) P2 ( Nl 42 ) _ ( A _ B ) P3 ( N2 42 ) Where: Pl = premium installation charge per subscriber for all parties subscribing prior to commencement of CATV service in the extended service area, and for the first twelve (12) months thereafter. P2 = premium installation charge per subscriber for all ■ parties who commence subscription for CATV service during the second year service inthe extended service area, but never to exceed Pl. P3 = premium installation charge per subscriber for all parties who commence subscription for CATV service during the third year service inthe extended service . area, but never to exceed P2 . A = Actual cost in labor and materials to construct . Distribution Line extention. B = $7,000 per mile or an amount approved by the City Engineer as hereinafter provided. N = Original number of parties agreeing to subscribe prior to the commencement of service to the ex- tended service area. N1 = Number of subscribers on the subject line extension . on the last day of the first year of service in the extended service area. At any time that the actual cost in labor and materials 1 to construct a Distribution Line extension (A) exceeds the con- stant "B" of $7000 per mile or an amount approved by the Public Works Director, Grantee shall submit to the Public Works Director 1 documentary evidence supporting the said actual cost of con- struction. ' Grantee shall report to the Public Works Director the particulars of the various charges, costs and expenses to sub- scribers on each line extension implemented hereunder. 1 1 1 1 i 1 1 1 AGREEMENT As a condition of the approval of Resolution 47-82, Falcon Cable T.V. of Northern California, hereby agrees to the following schedule in providing a marketing survey and construction of cable T.V. to areas outside the present franchise boundary identified as 3-F Meadows, Chandler Ranch, and Las Encinas. 1. Provide marketing survey, obtain service agreements from potential customers if customers agree to premium installation costs as outlined in the Line Extension Policy with a limit of 2 cost estimates sent (30 day extension for each estimate sent) , and obtain conditional approval from the City for franchise area extension in conformance to Resolution 47-82 by February 15, 1983. 2. For those areas identified above, where service agreements have been signed, construction shall be completed prior to October 1`, 1983 . or Thomas Hatchell Vice President - General Manager Date Falcon Cable Corporation